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of the pool's environment. immediately prior to him sustaining the injury, he and two other whales were engaged in normal social behavior. the theme park's orca program has come under fire before. in 2010, a trainer was killed by nakai's father, tilikum after the orca dragged her into the water by her pony tail in front of an audience full of horrified spectators. federal regulators have since banned them from entering the water during a performance with orcas and seaworld says it has improved procedures. >> they swim in endless circles in chemically treated water for dead fish all for the amusement of tourists. it is cruelty from the day they are born until the day they die. >> reporter: seaworld says it treats its animals with the utmost care and in a statement adds, there is no organization in the world more committed to the physical, social and mental welfare of its animals than seaworld. >> we contacted the department of agriculture about peta's complaint. they say an inspector will be send to sea world to check the validity of the claim. >>> now at 5:00, breaking news at this hour
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